DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Svitzer Australia Pty Limited
(AG2015/7667)

SVITZER AUSTRALIA PTY LIMITED BUNKER TANKER "ANATOMA" ENGINEERS ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 21 JANUARY 2016

Application for approval of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Australia Pty Limited Bunker Tanker “Anatoma” Engineers Enterprise Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Svitzer Australia Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 December 2015. The application included a Statutory Declaration of Albert Umansky dated 9 December 2015 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 6 November 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 January 2016. I note that the file has included a Statutory Declaration of Samuel Littlewood made on behalf of The Australian Institute of Marine and Power Engineers (the AIMPE) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 10.

[6] The AIMPE, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AIMPE.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 28 January 2016. The nominal expiry date of the Agreement as specified in clause 2.2 of the Agreement, is 30 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In Svitzer Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for engineers working on the bunker tanker Anatoma, a vessel owned by Svitzer Australia Pty Limited. The primary issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission centred on the agreement's compliance with the legislative framework governing enterprise agreements. Key aspects included whether the agreement provided for minimum terms and conditions as required by the Fair Work Act, and if it appropriately balanced the rights and obligations of the parties involved. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was likely to improve the working conditions and terms of employment for the affected employees.

The Commission determined that the agreement was compliant with the legislative requirements and was in the best interests of the employees. The agreement was found to provide for minimum terms and conditions as mandated by the Fair Work Act, and it appropriately balanced the rights and obligations of both parties. The Commission concluded that the agreement was made in good faith and was likely to improve the working conditions and terms of employment for the engineers on the bunker tanker Anatoma. As such, the application for approval was granted.

The Commission's approval of the agreement meant that it would now serve as the governing document for the employment terms of the engineers on the bunker tanker Anatoma, effective from the date of the decision. The agreement was set to be registered with the Fair Work Commission, making it a legally binding enterprise agreement under the Fair Work Act.

Svitzer Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established